THE BUYER HEREBY ACKNOWLEDGES AND AGREES TO THE FOLLOWING TERMS AND CONDITIONS OF SALE:
1. PAYMENT TERMS:
Payment terms to buyers of approved credit are Net 30 Days from Date of Invoice.
If buyer fails to pay for the goods within 30 days, then all delinquent accounts shall bear as liquidated damages the sum of 1½ % per month of the unpaid balance until paid. The liquidated damages are assessed to cover seller's usual costs for the period of time that payment is withheld together with seller's administrative costs relating to collecting and accounting for late payments which buyer and seller agree would be difficult to fix.
2. LIMITED WARRANTY:
Bushman Water Harvesting Corporation (dba Bushman USA) provides a limited warranty on its tanks. The terms of the limited warranty are attached as Appendix A.
3. RESTOCKING CHARGE:
IMPORTANT: Bushman Water Harvesting Corporation (dba Bushman USA) will accept merchandise returned for credit, provided that such merchandise is in its original condition and in its original packaging. A 20% handling or restocking charge will be assessed on all merchandise returned for credit. Merchandise returned for credit must be returned within 5 days following delivery and accompanied by our invoice number, date of purchase and return authorization number.
4. FAIR LABOR STANDARDS COMPLIANCE:
We hereby certify that these goods were produced in compliance with all applicable requirements of Sections 6, 7 and 12 of the Fair Labor Standards Act, as amended, and of Regulations and Orders of the United States Department of Labor issued under section 14 thereof.
5. ATTORNEY'S FEES
In the event it becomes necessary to incur collection costs or institute suit to collect any amount due under this agreement then buyer agrees to pay such additional collection costs, charges and expenses including reasonable attorney's fees if the account is placed in the hand of an attorney for collection.
6. ACCEPTANCE OF CREDIT AND SALES ORDERS:
All applications for credit and all sales are subject to seller's acceptance and no sales are final until accepted by Bushman Water Harvesting Corporation (dba Bushman USA) at its office in Temecula, California. All invoices are payable at the offices of Bushman Water Harvesting Corporation (dba Bushman USA) in Temecula, California.
To the extent that any provision herein is held invalid, then that provision shall be deemed to be deleted and the remaining provisions shall remain in full force and effect.